Silsbee, TX Immigration Law Firms & Lawyers

A lot of that is going to depend on your business, how many jobs it creates, the location, and the amount of investment. You also have to check your country of origin. Basically, you're asking for an e-series.

If your husband was eligible for 245i, he should have made that claim in court. It's the responsibility of the respondent to inform the court as to what form of relief that he/she wishes to apply for with the immigration judge; the Department of Homeland Security will not make that determination for you. As long as your husband does not have any other issues of inadmissibility, you will now need to follow up on the I-130 petition that you had filed for him until he receives his visa interview at the US consulate in Juarez. After the interview, it's likely the consulate will require your husband to file an I-601 waiver application because he accumulated more than one year of unlawful presence before departing the United States. If the waiver application is approved, your husband will be allowed to return to the US immediately. If the waiver application is denied, he cannot return to the US for 10 years. In any event, he should NOT return to the US illegally.

You must remain in valid immigration status, F-1 or otherwise, to be eligible for adjustment of status. Unfortunately, you cannot file the I-485 application until your priority date becomes current.